- Blitzway Ghostbusters set pre-ordered in September 2016 ($949.95)
- The set was delayed by Blitzway from Q1 2017 initially to finally be released around Oct/Nov 2017 (I also emailed Popcultcha.com.au who confirmed they received the set about a week or so ago).
- The most recent ETA on the PC website is AUG/SEPT 2017.
- Contacted my bank on Jan 4 and I keep being told it's outside the 120 days or I don't have an EXACT date of delivery.
- I've replied that I have had no response from PC, surely that means they are now refusing delivery?
- 120 days from end of September is January 28 so I surely can't be outside the 120 day "window"? And even then, I know the product was never available until around Oct/Nov and have provided them with a collector's forum with a massive thread regarding the product so they can clearly see the delays with the set and when it was eventually released.
- Still, they refuse to proceed. They've not "escalated" it to their disputes team and are apparently liaising with Visa. I've been told if Visa investigates it will cost me a $25 fee whether it's successful or not in chargeback.

Any advice or what grounds I have here to get my money back? Next step would be FOS... would they help me given the info above?

I'd spend the $25 VISA fee as it only amounts to an additional 2.6% of what you paid to that fraudster.
Fight to the end to get your money back.... or at least try.
Otherwise he happily pockets the money.

Any advice or what grounds I have here to get my money back? Next step would be FOS... would they help me given the info above?

Contact FOS, your item is within 540 days of payment and 120 days of last ETA, both within the Visa guidelines. There is no reason you should be paying any investigation fees.
Your bank is just being lazy and FOS will see that as soon as you present them the info you've told us as well as the chargeback terms I outlined.
PS. It doesnt really matter to Visa if the item was delayed by the manufacturer, the onus is on the merchant to either deliver by the stated date or offer a refund. Since PC has done neither of these things that alone is grounds for a chargeback.

- Blitzway Ghostbusters set pre-ordered in September 2016 ($949.95)
- The set was delayed by Blitzway from Q1 2017 initially to finally be released around Oct/Nov 2017 (I also emailed Popcultcha.com.au who confirmed they received the set about a week or so ago).
- The most recent ETA on the PC website is AUG/SEPT 2017.
- Contacted my bank on Jan 4 and I keep being told it's outside the 120 days or I don't have an EXACT date of delivery.
- I've replied that I have had no response from PC, surely that means they are now refusing delivery?
- 120 days from end of September is January 28 so I surely can't be outside the 120 day "window"? And even then, I know the product was never available until around Oct/Nov and have provided them with a collector's forum with a massive thread regarding the product so they can clearly see the delays with the set and when it was eventually released.
- Still, they refuse to proceed. They've not "escalated" it to their disputes team and are apparently liaising with Visa. I've been told if Visa investigates it will cost me a $25 fee whether it's successful or not in chargeback.

Any advice or what grounds I have here to get my money back? Next step would be FOS... would they help me given the info above?

It's a statement from Blitzway on their website that the item is delayed dated 19th Sep. You are still within the 120 days from this date and definitely within that time frame when you first flagged this case.

- Blitzway Ghostbusters set pre-ordered in September 2016 ($949.95)
- The set was delayed by Blitzway from Q1 2017 initially to finally be released around Oct/Nov 2017 (I also emailed Popcultcha.com.au who confirmed they received the set about a week or so ago).
- The most recent ETA on the PC website is AUG/SEPT 2017.
- Contacted my bank on Jan 4 and I keep being told it's outside the 120 days or I don't have an EXACT date of delivery.
- I've replied that I have had no response from PC, surely that means they are now refusing delivery?
- 120 days from end of September is January 28 so I surely can't be outside the 120 day "window"? And even then, I know the product was never available until around Oct/Nov and have provided them with a collector's forum with a massive thread regarding the product so they can clearly see the delays with the set and when it was eventually released.
- Still, they refuse to proceed. They've not "escalated" it to their disputes team and are apparently liaising with Visa. I've been told if Visa investigates it will cost me a $25 fee whether it's successful or not in chargeback.

Any advice or what grounds I have here to get my money back? Next step would be FOS... would they help me given the info above?

I'm with PN Bank and I had to show them the VISA terms which then was processed. Have all screenshots and emails with your claim. You have to remind them that its VISA not PN Bank terms especially if you have paid via the credit card or credit debit card.

It's a statement from Blitzway on their website that the item is delayed dated 19th Sep. You are still within the 120 days from this date and definitely within that time frame when you first flagged this case.

Thanks for that. I'll submit it as further evidence. Hopefully it is taken into consideration.

Quote:

Originally Posted by DarkHyren

Contact FOS, your item is within 540 days of payment and 120 days of last ETA, both within the Visa guidelines. There is no reason you should be paying any investigation fees.
Your bank is just being lazy and FOS will see that as soon as you present them the info you've told us as well as the chargeback terms I outlined.
PS. It doesnt really matter to Visa if the item was delayed by the manufacturer, the onus is on the merchant to either deliver by the stated date or offer a refund. Since PC has done neither of these things that alone is grounds for a chargeback.

At present, PN Bank is getting back to me today with info. Not holding out much hope but if they respond in the negative then FOS is my next step for sure.

Quote:

Originally Posted by valkyrie_76

I'm with PN Bank and I had to show them the VISA terms which then was processed. Have all screenshots and emails with your claim. You have to remind them that its VISA not PN Bank terms especially if you have paid via the credit card or credit debit card.

I sent them an 18 page document with screenshots/emails on the first day I asked for a chargeback, including links to social media and online forums (including this one), and even indicated I had purchased from the seller before with no issue via eBay. They have since asked me questions that I've had to answer several times (and were outlined in the document) and then was told:

"We have done some research into this for you and there appears to be a lot of social media and online forums regarding this merchant. We would suggest researching a merchant before purchasing online and looking at different reviews prior to making a purchase."

Just completely patronising about a pre-order made in 2016. Just unbelievable how little assistance I'm getting.

Has anyone had pc challenge a chargeback? If yes, what did you respond and were you successful?

Yes. It was a complete BS attempt by them and a major pain in the arse to get through to the bank about it.

PC challenged one of my chargebacks by saying that they had already refunded me some money. However this refund was for a completely separate order which had nothing to do with what I was claiming. I was at one point literally pulling my hair out while on the phone to westpac. Luckily one person finally managed to understand that the challenge was BS and eventually went through with it. I was eventually successful but it was very trying.